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Patna High CourtCR. MISC./49379/2015bail granted

Birendra Kapar @ Birendar Kapair And ORS v. The State Of Bihar

2015-11-04Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49379 of 2015 Arising Out of PS.Case No. -67 Year- 2014 Thana -LAUKHA District- MADHUBANI ======================================================

1. Birendra Kapar @ Birendar Kapair son of Dilip Kapar

2. Rajeev Madhkoria @ Rajendra Madhukula son of Late Manohar Madhkoria

3. Raj Kumar Nakahana son of Late Satendra Nakahana

4. Dhanik Lal Kapar @ Dhanik Lal Kapair son of Late Nagar Kapar

5. Jeebachh Kapar son of Late Bilat Kapar

6. Bhukur Nakahana @ Bhukur Nakahanrna son of Mahendra Nakhana @ Mahendra Nakahana

7. Sunita Devi wife of Birendra Kapar @ Birendar Kapair

8. Amerika Devi @ Amarika Devi wife of Jeebachh Kapar

9. Raman Kapar @ Ramendra Kapar S/o Jeebachh Kapar All are residents of Barkor, P.S. Laukaha, District Madhubani. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate For the Opposite Party/s : Mr. Ram Shankar Das, Spl.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 04-11-2015 Heard learned counsel for the petitioners, Despite repeated calls, none appears on behalf of the State. The petitioners seek pre-arrest bail in connection with Laukaha P.S.Case No. 67 of 2014 registered under Sections 341, 323, 506, 325, 448, 379 and 504/34 of the Indian Penal Code as well as Section 3(v)(x)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

It is contended that one Mantu Nakahana whose case is

Patna High Court Cr.Misc. No.49379 of 2015 (2) dt.04-11-2015 2/2 identically situated to that of the petitioners has already been granted anticipatory bail by a Bench of this Court vide order dated 28.9.2015 passed in Cr. Misc. No.39090 of 2015. A web copy of the aforesaid order has been produced before the Court. Let the same be kept on record.

For the reasons assigned in the aforesaid order dated 28.9.2015 passed in Cr. Misc. No.39090 of 2015, in the event of arrest or surrender in the court below within six weeks from today, the above named petitioners are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri C.B.Singh, Judicial Magistrate, 1st Class, Jhanjharpur in connection with Laukaha P.S. Case No.67 of 2014 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Md.S./- U T